Compliance and labor relations

Following the introduction into the Spanish legal system of criminal liability of legal persons in 2010, consideration was given to the importance of putting control mechanisms in place to ensure compliance with legislation in order to avoid or reduce such liability as far as possible. These mechanisms, and, in particular, the implementation of compliance programs, […]

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Future regulatory framework of employment law: 55 proposals

After 10 months with a caretaker Government in Spain and therefore a limitation of its most important powers (in particular, promoting legislative and political initiatives), a new legislature has now commenced in which we are therefore likely to see the implementation of changes to legislation that will affect a number of areas of Spanish law, […]

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Has the debate re-opened as to whether or not dismissal during sick leave is null and void?

A controversial issue in the area of labor relations has been the possible annulment of dismissal notified to a worker on sick leave, as a breach of the fundamental right of non-discrimination consecrated in article 14 of the Constitution. Until now, the Supreme Court has considered that “illness, from a specifically functional perspective of the […]

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The supreme court rules that dismissals qualify as a collective layoff (redundancy) where they exceed the legal thresholds at an establishment with more than 20 workers

The Supreme Court has ruled, in a judgment delivered on October 17, 2016, that for the purposes of determining the existence of a collective layoff, the reference unit must be the company, if the thresholds established in article 51.1 of the Workers’ Statute are exceeded at the company as a whole, and establishments that normally […]

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Do workers have to product supporting documents to claim traveling expenses?

Under the collective labor rules on the refund of accommodation and living expenses, companies usually lay down guidelines or in-house rules on questions such as the valid documents for supporting the expense, the time limit for the worker to support the incurred expense, compliance with a specific procedure or application form for a refund, and […]

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The right to lactation breaks depends on the employment situation of the other parent

Andalucía High Court (Labor Chamber, sitting in Seville) has delivered various judgments in recent months (judgments of July 1 and November 5, 2015, and of July 18, 2016), concluding that a worker applying for lactation breaks, whether male or female, is not entitled to those breaks if the other parent is unemployed. The particular message […]

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